Customs (Cinematograph Films) Regulations (Amendment)

Overview

Statutory Rules 1967 No. 144, made under the Customs Act 1901-1967, was enacted to amend the Customs (Cinematograph Films) Regulations concerning the importation of films into Australia. The problem or gap addressed by this legislation was the need to update the age rating system for films imported into Australia, which was deemed necessary to ensure the regulation was in line with contemporary standards and societal expectations. The enacting body for this regulation is the Governor-General in and over the Commonwealth of Australia, acting with the advice of the Federal Executive Council. The policy objective, as indicated in the amendment, was to modify the classification criteria for films by updating the age rating from a five-year-old to a six-year-old child, reflecting a minor adjustment to the censorship guidelines in place at the time.

Scope and Application

The Customs (Cinematograph Films) Regulations 1967, made under the authority of the Customs Act 1901-1967, pertain to the regulation and control of cinematograph films imported into Australia. These regulations specifically apply to all persons and entities involved in the importation of such films, including film distributors, importers, and customs officials. The scope of the Act extends to the entire Commonwealth of Australia, ensuring a uniform application of film censorship and classification standards across the country. The regulations include amendments to the censorship criteria, such as modifying the age classification threshold from five to six, which indicates a tightening of restrictions on content suitable for younger audiences. The Act does not explicitly state exclusions or exemptions, but the application is inherently limited to cinematograph films entering the Australian market, implying that other forms of media or domestically produced films are outside its purview. The application of these regulations may also be extended or modified through subordinate instruments, allowing for adjustments in response to changing societal standards or technological advancements in film distribution.

Key Provisions

The key provision of this regulation (Regulation 5) involves an amendment to the Customs (Cinematograph Films) Regulations, specifically changing the age rating system used by the Censorship Board and Chief Censor (section 5). The amendment involves updating the sub-regulation (2) by replacing the number "five" with the number "six." This likely refers to the age rating system, where films were previously rated up to "five" and now will be rated up to "six." This change may reflect a shift in societal standards or the need to better align the rating system with contemporary values. Under the amended regulation, the Censorship Board and Chief Censor have the responsibility to ensure that films are appropriately rated according to the new system. This includes reviewing films and assigning an age rating that reflects the content's suitability for viewers of various ages. The Board and Chief Censor must adhere to the guidelines and criteria established for the rating process, ensuring that the new rating system is applied consistently and fairly. Failure to comply with the requirements of this regulation could lead to legal consequences. While the specific penalties are not detailed in the regulation itself, breaches of the Customs (Cinematograph Films) Regulations generally could result in fines, legal action, or other administrative penalties. These consequences are intended to ensure that the regulation is enforced effectively and that the updated age rating system is implemented as intended. It is also important to note that the regulation was made under the authority of the Customs Act 1901-1967, which grants the Governor-General the power to create such regulations. The regulation was made with the advice of the Federal Executive Council and was subsequently notified in the Commonwealth Gazette. This process ensures that the regulation is properly authorised and communicated to the relevant parties, including the public, industry stakeholders, and enforcement agencies.